ALL THE LATEST IN BUCKS COUNTY PIPELINE NEWS

Interestingly enough, in the FERC Order, one of the FERC Commissioners, Commissioner Glick, dissented, making note of the questionable “public benefit” of this project, stating, “…there will not necessarily be any restriction on a pipeline developer’s ability to exercise eminent domain while the Commission waits to confirm that the pipeline is in the public interest”. In fact, in the FERC order, Commissioner Glick makes a note of the fact that PennEast’s application lacks the evidence that he believes “is important to making the public interest determination.”

*SEE COMMISSIONER GLICK'S TESTIMONY BELOW*

For the last several years our communities have organized against this project, and have done everything we can within our legal means to oppose this unnecessary and unsafe pipeline. Both the Delaware River Basin Commission, the New Jersey Department of Environmental Protection and other agencies must still weigh in on the project. In the meanwhile, direct action training sessions are being planned. Please reach out to us if you are interested in participating.

If you are not already registered with FERC.gov and would like to intervene, please reach out to us at This email address is being protected from spambots. You need JavaScript enabled to view it.and we will walk you through the process.

From our land to our water to the health and safety of our communities, the cumulative impacts of these pipelines is far-reaching and will negatively impact generations to come. If you are a resident of Pennsylvania, New Jersey or New York, this fracked gas impacts you. Please take a moment to intervene on Docket #CP18-46-000 today.

SPECIAL NOTE: SEE BELOW

WE WANT TO THANK COMMISSIONER GLICK FOR HIS DISSENTING VOTE!

#EveryInchIsPrecious

Delaware River Basin Commission Fall Photo Contest

“This photo competition seeks ‘to inspire the creation and publication of images that convey the beauty and importance of a national treasure on which 15 million people rely for drinking water."

We think the Delaware River Basin is beautiful and important. That’s what we’ve been trying to tell FERC, state environmental departments, the Army Corps of Engineers, and, yeah, the DRBC for three years now! We’ve been telling them we need to protect it from pipelines like the PennEast.

(West Trenton, N.J.) -- The Delaware River Basin Commission (DRBC) today adopted a resolution at its quarterly business meeting directing the executive director to prepare and publish by Nov. 30, 2017 a revised set of draft regulations for public comment to address natural gas development activities within the Delaware River Basin.

The resolution -- which was approved by a vote of three in favor (Delaware, New York, and Pennsylvania), one opposed (federal government), and one abstaining (New Jersey) -- is procedural and initiates a new phase in the rulemaking process. The commissioners did not adopt natural gas development regulations at the Sept. 13 meeting.

As directed by the approved resolution, the revised draft rules to be published no later than Nov. 30 will include prohibitions related to the production of natural gas utilizing horizontal drilling and hydraulic fracturing within the Delaware River Basin. The revised draft regulations will also include provisions to ensure the safe and protective storage, treatment, disposal or discharge of hydraulic fracturing-related wastewater where permitted and provide for the regulation of inter-basin transfers of water and wastewater for purposes of natural gas development where permitted.

The procedural resolution approved today and an updated set of frequently asked questions (FAQs), along with additional background information, can be viewed at www.nj.gov/drbc/programs/natural/.

Following publication of the revised draft regulations, the public input process will include one or more hearings and ample opportunity for written comments. No action on the revised draft rules will be taken by the commission until the public comment process is completed. The commissioners will consider changes to the revised draft regulations that may be appropriate based on the comments received.

Details about the public hearing(s) and instructions for submitting written comments will be included in the notice of proposed rulemaking to be published no later than Nov. 30. Interested persons are invited to regularly check the commission’s web site at www.drbc.net and follow DRBC on Twitter (@DRBC1961) for information as it becomes available.

Written or oral comments received before the draft rules are published and the comment period officially opens will not be included in the rulemaking record.

Today’s business meeting, open to the public, was held at Bucks County Community College in Newtown, Pa. The commission thanks the college for allowing the meeting to be held on its campus.

The DRBC is a federal/interstate government agency responsible for managing the water resources within the 13,539 square-mile Delaware River Basin without regard to political boundaries. The five commission members are the governors of the basin states (Delaware, New Jersey, New York, and Pennsylvania) and the commander of the U.S. Army Corps of Engineers’ North Atlantic Division, who represents the federal government.

For More Information Contact: Clarke Rupert, This email address is being protected from spambots. You need JavaScript enabled to view it., (609) 883-9500 ext. 260

Pipeline safety is overseen by the Pipeline and Hazardous Material Safety Administration (PHMSA), which is part of the U.S. Department of Transportation. With a safety staff of about 200 people covering 2.7 million miles of pipelines, PHMSA must pick and choose where it sends inspectors. Weld failures and corrosion are among the leading causes of significant incidents, according to the GAO.

In order to assess the risk of pipeline segments, PHMSA relies on data from pipeline companies and plugs it into its so-called, Risk Ranking Index Model (RRIM). Each year, the model produces a score which puts them into a high, medium, or low risk category—prompting inspections every three, five, or seven years, respectively.

But the GAO says PHMSA was unable to document or explain the rationale behind the RRIM model, and the agency has not used data to track its effectiveness. The situation is inconsistent with federal management principles, says the GAO.

“Because PHMSA has not documented the basis for the design and key decisions of RRIM… it is unclear how effectively the model has helped PHMSA manage its inspection resources or maximize safety benefits to the public,” the report says.

For example, the model inexplicably places a greater weight on longer pipeline segments, assuming they have higher relative risk than shorter segments.

PHMSA officials also told the GAO the thresholds for the risk tiers were “determined based on their professional judgement that 25 percent of inspection systems should be considered high risk, 50 percent medium risk, and 25 percent low risk, to ensure a relatively consistent workload across regions.”

And the agency could not explain why it chose the inspection intervals of three, five, and seven years.

The GAO report was mandated by legislation in 2016 requiring it to review topics related to pipeline materials and corrosion.

“While pipelines are a relatively safe mode of transporting an inherently dangerous material,” the report says, “an incident can pose a profound threat to life, property, and the environment.”

A PHMSA spokesman did not respond to a request for comment. The agency concurred with the GAO’s two recommendations– that it document the decisions and assumptions underlying its RRIM model and use data to track its effectiveness.

Lynda Farrell, executive director of the Chester County based, Pipeline Safety Coalition, says she’s found PHMSA staff to be extremely dedicated and professional, but feels the agency itself is severely underfunded.

“This is the agency we depend on to make sure our pipelines are safe. However we make that happen, it needs to happen, because the influx of pipelines in this country is not stopping anytime soon.”

Many Thanks to Congressman Brian Fitzpatrick!!!

In a letter sent to federal regulators this week, Bucks County's new congressman, Brian Fitzpatrick, strongly expressed concerns with the controversial PennEast pipeline proposal.

Fitzpatrick, R-8, of Middletown, did not outright reject the idea of building the pipeline. Instead, he said the PennEast Pipeline Co. needs to do more to demonstrate that the project warrants the taking of land from private citizens.

“The power of eminent domain to take private land should not be conferred to a corporation without ironclad proof that the project is unquestionably in the public interest. Such proof has yet to be demonstrated,” Fitzpatrick wrote in a letter to Norman Bay, chairman of the Federal Energy Regulatory Commission, the federal agency tasked with reviewing and approving interstate natural gas pipelines.

The PennEast pipeline is proposed to run approximately 118 miles from Luzerne County to Mercer County, New Jersey, passing through a small, rural portion of northern Bucks along the way. As reported by this news organization last week, an alternative route through a central portion of the county has also been floated, although it appears unlikely that it would be used. Fitzpatrick's district covers the entirety of Bucks County.

Opponents of the pipeline are concerned about environmental damage, public safety and climate change, while supporters and the PennEast company say the pipeline would safely transport gas and that the pipeline is needed to provide stable and low-cost energy markets for Pennsylvania and New Jersey residents.

Fitzpatrick aligned himself with the position of many pipeline opponents when he wrote that he hasn't been sold on any benefits.

“The NJ Division of Rate Counsel and independent energy experts have raised legitimate questions regarding whether there is documented market need for and public benefit that would result from this project,” Fitzpatrick wrote.

He also said he shared concerns with constituents that included “impacts to preserved lands, the Cooks Creek (watershed), and the drinking water supply for the Borough of Riegelsville.”

He added that “numerous federal agencies” have raised concerns about “serious deficiencies” in FERC's Draft Environmental Impact Statement, a key document the commission issued in July. Essentially, the document stated FERC staff found the pipeline could be built without any major environmental impacts.

Opponents have raised concerns with the adequacy and accuracy of information FERC used to make the determination, and it appears Fitzpatrick agrees.

“FERC should not issue a final (environmental impact statement) that fails to address these issues, nor make a final decision ... without definitive resolution of the questions raised,” he wrote.

In an email to this news organization, state Rep. Scott Petri, R-178, of Upper Makefield, said he was opposed to the alternative route through central and lower Bucks communities. PennEast had stated that it too prefers its original route.

"The alternative plan through Bucks County makes no sense economically or environmentally as it contains approximately 30 more miles of piping, involves at least five additional stream crossings, two additional crossings of the Delaware River and likely impact to several historic structures in the communities impacted," Petri wrote.

"If this alternative is considered all of the agencies having jurisdiction will be contacted by me to ensure that a full review of the impact will be revealed," Petri added before referencing his preference for siting infrastructure projects along already-existing right-of-ways.

Fitzpatrick's letter to FERC is the second time he has aligned himself with local environmentalists during his first month in office. In an email sent to this news organization in early January, Fitzpatrick wrote he believes climate change is real and that “human behavior is a contributing cause.” He added he has “concerns” with any cabinet selections of President Donald Trump “who do not share my concerns about the dangers posed by climate change.”

In the email, Fitzpatrick further wrote, “If any administration official attempts to advance policies which fail to recognize this reality and harm the environment, I am fully prepared to push back and stand in opposition to such harmful environmental policies.”

"We understand the value of a healthy, optimistic attitude. We consider ourselves to be a “glass half full” rather than “glass half empty” type of people. But we’re also realists. Last week the builders of the proposed PennEast Pipeline–a $1.2 billion, 114-mile, 36-inch diameter pipeline that will deliver approximately 1 billion cubic feet of natural gas per day from the Marcellus gas fields of northeastern PA to locations in southeastern PA and across the border to Trenton, NJ–received what we considered bad news. The Federal Energy Regulatory Commission (FERC) told PennEast they would extend the amount of time they are taking until December of this year, rather than August, to complete their Environmental Review. And FERC won’t issue their final decision on authorizing the project until March 2017–at the earliest. PennEast had requested FERC wrap it all up by this August–an 8-month delay. In our book, that’s mildly bad news. But yesterday PennEast issued a press release saying the FERC announcement is an “important milestone,” almost lauding FERC for moving so quickly given a plateful of pipeline applications–even though it means the PennEast project now won’t be completed until 2018 instead of 2017. Is this a “glass half full” optimistic attitude? Or self-deluding denial? We can think of many reasons why it’s a manifestly bad thing that FERC has delayed–not the least of which is are multiple lawsuits sure to be launched by the radicals at THE Delaware Riverkeeper…"

October 2, 2015, in a FERC Motion to Intervene, BOS speak words from Durham Residents. Residents present monthly to the board their concerns. Calmly and with factual information, residents clearly articulate their voice. "The Durham Township Board of Supervisors calls for a moratorium on any and all planning for the PennEast Pipeline where it passes through Durham Township until all of our concerns have been addressed."

The March Across the River to #StopPennEast

August 22nd, 2015

Well Over Four Hundred People of All Ages Marched to Demonstrate Their Steadfast Opposition to the PennEast Pipeline Project.

Public Need or Corporate Greed?

(photo credit Norman Torkelson)

(photo credit Berks Gas Truth)

Newtown Township, Wrightstown and Upper Makefield, Bucks County, are in the early stages of considering an ordinance that would pave the way for fracking in these areas.

The title of the article, of course, refers to the explosion of a UGI cast iron main in Allentown that killed 5 people and destroyed eight homes. UGI was fined $500,000 and UGI Utilities President Robert Beard told the Public Utilities Commission UGI would "accelerate its plans to replace aging cast-iron gas pipes." UGI also agreed to invest capital in an infrastructure replacement program as part of a settlement under which it could not recover money with a DSIC until this year.

March 2011

UGI and PUC agreed that in order to better UGI’s leak detection standards and speed up its replacement schedule for cast iron pipes,rate payers would have to pay thru rate increases.

As part of the settlement after the Allentown blast, PA PUC Investigation & Enforcement attorneys wrote:

"UGI shall explore enhanced leak detection measures and [file] a pilot program to utilize one or more of those enhanced leak detection measures throughout the City of Allentown."

2012

"Out of about 72 miles of cast-iron pipe in Allentown, the average pipeline age falls between 90 and 120 years.

"The public utility company told a special U.S. Senate committee last year it would take 40 years to replace all of the city's cast-iron pipes. [That's in Allentown ALONE]

"The company replaced seven miles of city gas main in 2011, UGI spokesman Joe Swope said. That's more than the six miles it planned to replace, which itself is more than twice what the company had replaced the year before.

"In 2012, UGI plans to replace seven and a half miles of pipeline, Swope said. That would leave about 64.5 miles of cast-iron pipe in the city."

May 2013

The PUC attorney filings state: "contrary to the February 19 [2013] Order UGI’s filing does not include a pilot program and that Instead, UGI's filing consists of a mere recitation of its current leak detection programs and attaches a Request for Proposal (RFP) to solicit a consultant to assist it with developing additional natural gas detection measures. In other words, UGI has not, at this time, developed new or innovative programs to enhance its current leak surveys in the City of Allentown - an area with known, potential hazards."

"State regulators have approved UGI Utilities' long-term plan to speed up replacement of aging natural gas distribution lines like the one implicated in Allentown's deadly February 2011 gas explosion.

"That opens the door for UGI to begin passing the cost of those upgrades along to customers via a special fee as early as next year, although a spokesman for the utility said it has no immediate plans to do so."

"UGI Utilities Inc. said it will replace 62 miles of obsolete gas pipeline throughout its service territory, including the Lehigh Valley.

"About 12.5 miles of work will be done in the Lehigh Valley, including about 5 miles in Allentown, where a cracked cast-iron pipe caused an explosion in February 2011 that killed five people and destroyed half a block of row homes. UGI paid a maximum fine of $500,000 assessed by the state Public Utility Commission for the blast.

"Pipeline replacement also will take place in Bethlehem, Easton and Catasauqua as well as in Palmer and Whitehall townships.

"Replacement of aging cast-iron and bare-steel pipes, which are more prone to leaks than high-density plastic or treated steel pipes, is part of an $85 million capital improvement plan, the company said."

PECO, Columbia and three UGI subsidiaries, including UGI-PNG and UGI-CPG, are among PA's ten major natural gas distribution companies, defined by the PUC as those with more than $40 million in gross annual revenues.

SO, more than 4 years after the UGI explosion in Allentown, for which UGI was found at fault, they have announced a plan to replace cast iron pipes. They look like heroes by implementing an "$85 million capital improvement plan," for which they will recoup all cost.

The Cooks Creek Watershed is a 30-square-mile Exceptional Value watershed located in Upper Bucks County. It contains more than 40 miles of pristine streams and brooks that retain a stunning array of fish, insects and other wildlife including the last remaining natural brook trout fishery in Southeastern Pennsylvania. The Cooks Creek is unique in the Delaware Valley because of the exposed limestone and karst topography, making it home to a number of rare and endangered species. This limestone valley is capped north and south by granite ridges, creating a seam of springs that feed numerous headwater streams and wetlands and keep the water in Cooks Creek unusually clear, clean, and cold.

Historically, the watershed provided hydro power for one of the earliest iron furnaces in colonial America, and its iron mines helped secure the colonists’ victory over England in the Revolutionary War. The boats used to ferry General Washington across the Delaware in Trenton on a cold Christmas Eve in 1777 were made in Durham Township. A railroad once transported people and goods from the Delaware River to nearby Quakertown, and the proximity to the Delaware River canal system ensured a ready market for lumber and iron ore. Despite these industrial beginnings, the townships of Durham, Springfield and Lower Saucon are today a pastoral landscape of rolling hills, orchards, farms and forested lands interspersed with quaint villages and secluded estates.

In recent years there have been attempts by entrepreneurs to bring industry back to the Cooks Creek valley. A tank farm was proposed in Springtown; a quarry and asphalt plant was proposed in Durham, and recently, there was an attempt to export the exceptionally clean groundwater of Springtown to support regional development. Since 1973, the Cooks Creek Watershed Association has successfully defended the watershed’s resources from these assaults. We now face a new attack. The PennEast pipeline is proposed to cross the Cooks Creek Watershed along the Durham/Riegelsville boundary. This 30-inch natural gas pipeline will carry natural gas from the fracking fields of North Central PA, to processing facilities in Mercer County, NJ.

If allowed to cross the Cooks Creek Watershed, the PennEast pipeline will cut a 125-foot swath of destruction across forest, headwaters and farmland in Durham, creating a scar that will bleed pesticides, sediments and invasive species. Unlike the impacts from historical industrial practices, these impacts are both permanent and have no discernible benefit to the people residing within the watershed. In a sad twist of irony, the majority of the gas will likely be liquefied and shipped overseas to fuel competing economies.

We need to take a stand now to stop this madness. It is ridiculous and irresponsible to allow political interests fueled by greedy international companies to give away our resources. The members of the Cooks Creek Watershed Association have written and signed a resolution regarding our interests and how we stand in this matter. We will be presenting this resolution to local municipal governments, other environmental groups, the media, and local, county and state elected officials.

"The fracking process is replete with disastrous consequences, from discovery to completion of a well to transporting the gas from one end of the country to the other.

With fracking being exempt from the Clean Water Act, the industry uses a massive amount of this precious resource. In Pennsylvania there isn't even any charge for companies to use massive amounts of our water from rivers or streams"

PennEast Pipeline Foes Pack Lehigh Valley Meeting Held by Feds

"The proposed PennEast Pipeline is not about energy independence for Pennsylvania, opponents of the line say. Rather, they assert, it’s about swelling corporate revenue and profits by serving as a swift conduit for helping to export natural gas from the Keystone State to foreign markets as quickly as possible".by Correspondent Chris Ruvo

"Krancer said he had recently received visits from would-be energy importers from France, Poland, and South Africa, while delegations from Azerbaijan, Brazil, Chile, and Norway have visited with Pennsylvania state officials."